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The City shall not be responsible for,any costs, expenses, damages, demands, obligations, <br />including penalties and reasonable attorney s fees, or losses resulting from any claims, actions, <br />suits, or proceedings based upon a release or threat of release of any hazardous substances, <br />pollutants, or contaminants which may have existed on, or which relate to, the easement area or <br />property prior to the date hereof. .'. <br /> <br /> Nothing contained herein shall' be deemed a waiver by the City of any governmental <br />immunity defenses, statutory or otherwise. Further, any and all Claims brought by Lando.wners, <br />their successors or assigns, shall be subject to anY governmental immunity defenses of the City <br />and the maximum liability limits provided in Minnesota Statute Chapter 466. <br /> <br /> And the said Landowners, for themselves, their successors and assigns, do coVenant with <br />the City, its successors and assigns, that they are .well seized in fee Of the lands and premises <br />aforesaid and have good right to grant and convey the easement herein to said City. ' <br /> <br /> IN WITNESS WHEREOF, the said Landowners have caused tkis agreement to. be <br />executed as of the day and year first above written. ~ ' <br /> <br />Charles M. Pratley ' Charles M. Pratley <br /> · . As Attorney~in-Fact for <br /> · Marlene C. Pratley <br /> <br />STATE OF MINNESOTA ) - · <br /> ) SS. · ' <br />COUNTY OF ANOKA ). . <br /> This instrument was acknowledged before me this i/ 'day of .,Ka,,~,7' ,2002,. <br />by Charles M. Pratley and Charles M.. Pratley as attorney-in-fact for Marlene C. Pratley, husband <br />and wife. <br /> <br /> THIS INSTRUMENT WAS DRAFTED BY: <br />RANDALL, DEHN & GOODRICH <br />2140 Fourth Avenue North <br />Anoka, MN 55303 <br />TEL: (763) 421-5424 <br /> <br />I <br />I <br />I <br /> <br />2 <br /> <br /> <br />